Legal advice needed ?
Discussion
Hi guys, sorry to the mods but cant seem to find anywhere else to ask. OK question, I am selling a car on Ebay, well sold it actually, I think. Someone has made me an offer and I have accepted it, so, Ebay says it a binding contract, but if they dont pay they get an unpaid item strike, so I dont get paid. Now when I have been to Brightwells auctions to buy a car, they again say it is a binding contract. They will seek payment and re-imbursement etc. Why is it that they have a different meaning of a binding contract. I want this person who bought the car off me to fully go thru with thier contract. How can I do this, amount is too big to go thru a small claims court I think. Sometimes I have read from other Ebay sellers that they will seek all unpaid monies, and others are fed up with buyers who dont pay and dont turn up. If you bid you enter a contract. Thing is if I was to go to a solicitor will they say drop it or go for it. Do I have any chance of a successful claim.
IANAL. It depends on the value of the item and the price you're happy to spend chasing payment. There have been successful ebay cases where a buyer has pursued a seller to enforce the sale of an item 'under value' and many cases of sellers enforcing buyers to pay - but even a court order doesn't mean you'll get the money, just means they have a court order.
Just reported them & re-listed. Pain in the arse. 
Hi,
I would wipe it from your mind there are a ton of idiots who do this sort of thing on ebay all of the time, I would follow the links to recover any commision costs from ebay and put it down to experience.
Put your efforts into reselling the car, I know it is annoying but ebay is prone to these type of carry on, I sell one or two items every week on there including some vehicles and higher value items of several £100s and I would think for every 10 good customers I get 1 or 2 non payers, they do not even bother to make contact.
Sad but apart from blocking the low feedback merchants there is not much else you can do to protect yourself.
I would wipe it from your mind there are a ton of idiots who do this sort of thing on ebay all of the time, I would follow the links to recover any commision costs from ebay and put it down to experience.
Put your efforts into reselling the car, I know it is annoying but ebay is prone to these type of carry on, I sell one or two items every week on there including some vehicles and higher value items of several £100s and I would think for every 10 good customers I get 1 or 2 non payers, they do not even bother to make contact.
Sad but apart from blocking the low feedback merchants there is not much else you can do to protect yourself.
Hi, I would really drop the idea of using courts etc as its not worth your time and money let alone the stress, let eBay give a strike to this a$&@hole and you should get to relist free but on the start of the listing in big capitals name and shame the t
t (excuse the language) to give other rangers the heads up as a future reference, that way you get some satisfaction.
t (excuse the language) to give other rangers the heads up as a future reference, that way you get some satisfaction.First, look at the eBay standard terms and you will see that agreements to sell and purchase cars made via an eBay auction are not binding agreements. An eBay auction in respect of a car is not the same as a standard car auction such as one conducted by Brightwells.
Even if this were not so, you cannot compel someone to complete a contract to buy a car. The best that you can do is obtain damages for the loss of the bargain. That does not usually mean the sale price, as you are obliged to mitigate your loss by selling the car to someone else if possible. If you sell the car for less, and/or incur additional expenses selling the car on, you might claim for those amounts.
Frankly, you should forget about this and try to sell the car to someone else.
Lastly, if this claim would exceed the limit for a small claim, it is mildly cheesy to seek free legal advice rather than paying someone qualified and insured to give such advice, and very cheesy not even to say please; but, never mind, you can have this one as a freebie, as I billed a shedload this morning on an interesting matter about a racing driver and a naughty person.
Even if this were not so, you cannot compel someone to complete a contract to buy a car. The best that you can do is obtain damages for the loss of the bargain. That does not usually mean the sale price, as you are obliged to mitigate your loss by selling the car to someone else if possible. If you sell the car for less, and/or incur additional expenses selling the car on, you might claim for those amounts.
Frankly, you should forget about this and try to sell the car to someone else.
Lastly, if this claim would exceed the limit for a small claim, it is mildly cheesy to seek free legal advice rather than paying someone qualified and insured to give such advice, and very cheesy not even to say please; but, never mind, you can have this one as a freebie, as I billed a shedload this morning on an interesting matter about a racing driver and a naughty person.
PS - Bonus free sales advice: If the spelling and grammar in your car advert are as flaky as they are in the opening post of this thread, then you may have difficulty attracting serious buyers, especially if you are seeking a chunky price. Use Google or ask a friend to ensure that your advert is written in clear and correct English.
GC8 said:
Did it involve a porly maintained Porsche 917 that blew up well below its redline?
I think I know what you are referring to, and no, it's not that case. You might want to reconsider you post, as it conveys to me and others who know what you are referring to a defamatory meaning about an identifiable individual who has plenty of resources available to litigate if he chooses. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff